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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K. MOHAPATRA
Deepak Kumar Singh @ Ghanashyam Singh – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by both parties. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. court's analysis and application of legal principles. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 4. final decision to quash the proceedings. (Para 36 , 37) |
JUDGMENT :
1. The present application has been filed by the Petitioner, invoking the inherent powers of this Court under section 528 of the BNSS, 2023, with a prayer to quash the instant criminal proceeding bearing S.T. Case No.64/222 of 2025/23 (arising out of Sarat P.S. Case No.45 of 2022, dated 28.05.2022) pending in the Court of the learned Addl. Sessions Judge, Udala.
2. The brief outline of the factual background in which the present CRLMC application has been filed, is as follows; initially, a written report, dated 28.05.2022, was lodged by the Opposite Party No.2, who happens to be the victim and informant in the present case, before the Officer-in- Charge, Sarat Police Station. Basing upon such written report, Sarat P.S. Case No.45 of 2022, which corresponds to C.T. Case No.488 of 2022 before the l
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The court ruled that allegations of rape under Section 376 IPC were not established, allowing quashing of the FIR based on the consensual nature of the relationship and the parties' subsequent marria....
The court held that the FIR for rape was quashed as the relationship was consensual, and continuation of proceedings would cause undue prejudice, affirming the importance of consent and the role of c....
Consent obtained under a misconception of fact does not constitute valid consent under Section 90 IPC; a consensual relationship does not amount to rape.
The court affirmed that inherent powers under Section 482 of the Cr.P.C. should be exercised sparingly, and quashing of proceedings is not warranted unless allegations do not constitute a cognizable ....
It is necessary to examine FIR, statement recorded under Section 161 and 164 of Cr.P.C. before Judicial Magistrate First Class to find out correct factual matrix of issue - Sum and substance of decis....
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.
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